<span lang="EN-GB" style="font-size:14.0pt;mso-bidi-font-family:&quot;Times New Roman&quot;"> Meeting No. 15

That the North American Native Plant Society conduct their spring Native Plant Sale at the Markham Civic Centre on Saturday, May 5 or 12, 2007, depending on the Civic Centre availability;

And that future requests for a plant sale from this organization be exempted from the Civic Centre Public Spaces Policy.

(2) PUBLIC CONSULTATION PROCESS – PESTICIDE USE (5.7)

That Markham Staff report, “Report to Committee of the Whole on Pesticide Issue”, dated September 26, 2006, be received;

That a meeting on pesticides be held in accordance with the Council resolution of June 28, 2005;

That recruitment of the four (4) panelists as identified in this report be completed as soon as possible;

That other experts, as described in this report, be invited to attend and respond to technical questions;

That the Partners in Community Building (Beata Bowron and Gary Davidson) be retained to moderate the meeting and prepare meeting summary/suggested future steps;

That the cost of the facilitator’s services and any panelists fees/expenses/honorariums be funded from remaining funds originally identified for consulting assistance for this issue;

And that the meeting be held on October 26, 2006 at the Markham Theatre.

CARRIED AS AMENDED (12:0)

(See following recorded vote)

(See following motion to amend)

YEAS: Mayor D. Cousens, Deputy Mayor F. Scarpitti, Regional Councillor J. Heath, Regional Councillor J. Jones, Regional Councillor B. O'Donnell, Councillor S. Daurio, Councillor E. Shapero, Councillor J. Virgilio, Councillor J. Webster, Councillor D. Horchik, Councillor K. Usman, Councillor A. Chiu. (12)

ABSENT: Councillor G. McKelvey. (1)

Moved by Councillor E. Shapero

Seconded by Councillor K. Usman

That Committee of the Whole Motion (2) be amended to delete the words "… be deferred until as soon as possible after election day.” in the last paragraph and replace them with "…..be held on October 26, 2006, at the Markham Theatre."

CARRIED (9:3)

(See following recorded vote)

YEAS: Mayor D. Cousens, Deputy Mayor F. Scarpitti, Regional Councillor J. Heath, Councillor E. Shapero, Councillor J. Virgilio, Councillor J. Webster, Councillor D. Horchik, Councillor K. Usman, Councillor A. Chiu. (9)

NAYS: Regional Councillor J. Jones, Regional Councillor B. O'Donnell, Councillor S. Daurio. (3)

ABSENT: Councillor G. McKelvey.

(3)        ST. DIMITRIJI SOLUNSKI MACEDONIAN
            ORTHODOX CHURCH, 201 MAIN STREET NORTH,
            MARKHAM VILLAGE HERITAGE CONSERVATION DISTRICT
            REQUEST TO INSTALL METAL TILE ROOF (10.13)

That the report titled “Request to install metal tile roof, St. Dimitriji Solunski Macedonian Orthodox Church, 201 Main Street North, Markham Village Heritage Conservation District,” be received;

And that the communication dated September 26, 2006 from Mr. Glenn Baron forwarding comments with respect to the installation of metal tile roof at St. Dimitriji Solunski Macedonian Orthodox Church, 201 Main Street North, Markham Village Heritage Conservation District, be received;

And that the applicant be permitted to install a metal tile roof on the church, in the traditional colour of their choice subject to obtaining a Building Permit for the work based on the change of materials from asphalt to metal.

(4) MINISTRY OF MUNICIPAL AFFAIRS AND HOUSING
REQUEST FOR SUPPORT FOR OPA 140 (13.2)

Whereas the Province on Ontario, together with the Town of Markham (the Town) and others, are partners on the Rouge Park Alliance with a mandate to plan and implement the Rouge Park;

And whereas the Province of Ontario provided both land acquisition funds and land donations and funded the preparation of the Rouge North Management Plan;

And whereas Council of the Town of Markham adopted Official Plan Amendment No. 116 (OPA No. 116) (Rouge North Management Area), on September 30, 2003;

And whereas OPA No. 116 incorporated the vision, goal and objectives for the Rouge Park in the Town of Markham; incorporated the boundary delineation criteria to establish the Rouge Park boundary over time; and, incorporated supporting policies to secure Rouge valley lands and associated tablelands in public ownership consistent with the Provincial Policy Statement;

And whereas the Region of York (the Region) approved OPA No. 116 in 2004 and filed a Notice of Decision on April 6, 2004, which was appealed to the Ontario Municipal Board (OMB);

And whereas after the appeal of OPA No. 116, the Province of Ontario enacted the Greenbelt Act, 2005 and released the Greenbelt Plan which has intrinsically linked the Rouge North Management Plan to the Greenbelt Plan through the Greenbelt boundaries and policies within the Greenbelt Plan;

And whereas because of the overlap of the Greenbelt Plan boundary and proposed Rouge Park boundary, Council directed staff to prepare a new Official Plan Amendment for the Rouge North Management Plan area, incorporating the Greenbelt Plan boundary and appropriate policy references;

And whereas, OPA No. 116 was repealed and replaced by Official Plan Amendment No. 140 (OPA No. 140) which contained the same policies adopted in OPA No. 116 with additional Greenbelt references and Greenbelt Plan area boundaries as identified in the Greenbelt Plan and Ontario Regulation 59/05;

And whereas the Ministry of Municipal Affairs and Housing (MMAH), in response to the Region’s circulation, in consultation with the Ministry of Natural Resources (MNR), supported the approval of OPA No. 140;

And whereas OPA No. 140 is consistent with the Growth Plan for the Greater Golden Horseshoe Area, prepared by the Ministry of Public Infrastructure Renewal and approved under the Places to Grow Act, which requires that municipalities identify its natural heritage system and develop policies for their protection;

And whereas OPA No. 140, which was adopted by Council on October 11, 2005, and modified and approved by the Region on May 31, 2006, was appealed to the OMB by the original OPA No. 116 appellants plus two additional appellants;

And whereas the Town and the Toronto and Region Conservation Authority (TRCA) are preparing a joint defense of OPA No. 140 with the support of the Rouge Park Alliance and the Region;

And whereas the OMB has scheduled a Pre-Hearing Conference for Wednesday, October 25, 2006 at the Town of Markham on the appeals of OPA No. 140;

And whereas OPA No. 140 supports and implements the Greenbelt Plan, the Growth Plan for the Greater Golden Horseshoe and the Provincial Policy Statement;

Now therefore be resolved that Council of the Town of Markham requests the Minister of Municipal Affairs and Housing to instruct his staff to attend the Pre-Hearing Conference on October 25, 2006 and that his staff request full party status at the hearing and that his staff support the Town, the Region, the TRCA and the Rouge Park Alliance in seeking OMB approval of OPA No. 140.

(5) AWARD OF TENDER - CONSTRUCTION OF 091-T-06
HIGHGLEN NEIGHBOURHOOD PARK (7.12)

That the report entitled “Award of Tender 091-T-06, Construction of Highglen Neighbourhood Park” be received;

And that the contract for tender 091-T-06 for the construction of Highglen Neighbourhood Park be awarded to the lowest priced bidder, Mopal Construction in the amount of $459,810.00, exclusive of a $45,000.00 contingency and GST;

And that a consultant and construction contingency amount of $ 45,000.00 exclusive of GST, be established to cover additional consultant/construction costs and that the Director of Planning & Urban Design or designate be authorized to approve expenditures of this contingency amount up to the specified amount in accordance with the Expenditure Control Policy;

And that the award be funded from Planning and Urban Design’s 2005 Capital Budget account 81-5350-6651-005, Highglen Neighbourhood Park, in the amount of $599,500.00;

And further that upon payment of all invoices associated with this project, any remaining funds will be returned to the original funding sources.

(6)        EXTENSION OF CONTRACT 121-T-03 RENTAL OF
            TANDEM AXLE SANDER TRUCKS FOR
            WINTER MAINTENANCE (7.12.2)

That the staff report entitled “Extension of Contract 121-T-03 Rental of Tandem Axle Sander Trucks for Winter Maintenance” be received;

And that contract 121-T-03 Rental of Tandem Axle Sander Trucks for Winter Maintenance be extended as per original tender for an additional two (2) winter seasons (2006-2007 & 2007-2008) with an hourly rate increase from $95 to $100 per hour over 2003 itemized prices;

And that price increase from $95 to $100 per hour be firm for the 2006-2007 and 2007-2008 winter seasons;

And that fuel escalation clause included in original tender 121-T-3 be removed from the contract extension years 2006-2008 winter seasons;

And that extension of contract 121-T-03 Rental of Tandem Axle Sander Trucks for Winter Maintenance be extended to D.Crupi & Sons Ltd. for an estimated total amount of $1,691,840.00 for a two (2) year term. Commencing November 1, 2006;

And that the 2006 costs, estimated at $281,974.00 be charged to the Operating Account 700 504 5316 Winter Maintenance Tandem Axle;

And that the following 2007-2008 estimated costs be provided for within the respective years budget submission for the Operations Department;

· 2007 $845,920.00

· 2008 (Jan 1- Apr 15) $563,946.00

And that the 2007 and 2008 budgets/purchase orders will be adjusted for growth (increase in kilometers of roadway) based on the approved budget for that year.

(7) WEDDING PHOTOS - UNIONVILLE MAIN STREET (2.0)

That a public meeting be held to gather input on the Town’s intent to licence owners and drivers of wedding limos/buses or to require permits and to implement a permitting system for wedding photographers and wedding planners providing services to residents within the boundaries of Markham.

(8) AMENDMENT TO ANTI IDLING BY-LAW (2.0)

That By-law 2005-192, "Anti-Idling By-law", be amended to remove the exemption for extreme hot and cold temperatures.

(By-law 2006-275)

(9) REQUEST FOR A PUBLIC MEETING -
SECOND HAND GOODS BY-LAW (2.0)

That a public meeting be held on a proposed amendment to the Second Hands Goods By-law, as long as there is no exchange of cash, to permit the trading of electronic games by persons under eighteen years of age, and that notice of the meeting be provided by advertisement in local newspapers.

(10)      BUNN/TEMPLETON PURCHASE FROM THE TOWN OF MARKHAM
            PART OF CHURCH LANE ABUTTING
            MUNICIPAL ADDRESS 26 CHURCH LANE, THORNHILL
            LEGAL FILE NO.: 06 0105 LG 0081 (8.1)

That the portion of Church Lane abutting municipal address 26 Church Lane be declared surplus pursuant to Town of Markham By-law 178-96 and that notice of the proposed disposition of such lands be placed on the agenda for the Council meeting of September 26, 2006;

And that a by-law be enacted at Council on October 10, 2006, authorizing the stopping up and closing of that portion of Church Lane abutting municipal address 26 Church Lane legally described as Part of Church Street (now known as Church Lane), Plan 71, designated as Part 1 on Registered Plan 65R-29313;

And that the Mayor and Clerk be authorized to execute an Agreement or Purchase and Sale and a Transfer of Land to the abutting owners to the west and other related documents for the completion of this transaction, all in a form satisfactory to the Town Solicitor.

(11) BAYLAWN DRIVE WALKWAY CLOSURE
BLOCK 151, PLAN 65M-2410 (8.1)

That Walkway Block 151, Plan 65M-2410 be declared surplus pursuant to Town of Markham By-law 178-96 and that notice of the proposed disposition of such lands be placed on the agenda for the Council meeting of September 26, 2006;

And that a by-law be enacted to stop up and close Walkway Block 151, Plan 65M-2410;

And that a by-law be enacted at Council on October 10, 2006, authorizing the Mayor and Clerk to execute the necessary Agreements of Purchase and Sale, Transfers of Land and other related documents for the completion of this transaction, in a form satisfactory to the Town Solicitor.

(12)      CONSTRUCTION OF CLEGG ROAD
            AND COURT YARD LANE
            AWARD OF TENDER 104-T-06 (7.12)

That the confidential report entitled “Construction of Clegg Road and Courtyard Lane, Award of Tender 104-T-06” dated September 26, 2006, be received;

And that the CAO be delegated authority to approve the award to the single bidder, Advice Contracting Limited, after further negotiations, up to an amount of $3,366,230.24 exclusive of contingencies;

And that a construction contingency amount of $260,252.72 exclusive of GST, be established to cover additional construction costs and that the Director of Engineering be authorized to approve expenditures of this contingency amount up to the specified amount in accordance to the Expenditure Control Policy and provide a monthly statement of the expenditures to the Town Treasurer;

And that confirmation of the construction tender award not be sent to Advice Contracting Limited until after additional funding in the amount of up to $1,436,805.38 is received from Liberty Developments/Markham Centre Developers Group and the funding commitment from Markham District Energy for their respective cost is received;

And that the construction and contract administration services be awarded to Chisholm, Fleming & Associates in the amount of $126,064.00 (inclusive of disbursements and exclusive of GST);

And that staff be authorized to select a qualified consulting engineering firm in accordance with the Town’s purchasing by-law to provide geotechnical and materials testing services during construction in the upset limit amount of $30,000.00 exclusive of GST;

And that the Mayor and Clerk be authorized to execute a credit agreement with Liberty Development/Markham Centre Developers Group to the satisfaction of the Chief Administrative Officer, Town Solicitor and Commissioner of Development Services;

And further that upon payment of all invoices associated with this project, any remaining funds will be returned to the original funding sources.

(13) UPDATE ON MARKHAM GREEN GOLF COURSE (5.0)

That the report entitled “Markham Green Golf Course Expression of Interest 067-1-06” be received;

And that staff be authorized to negotiate with the preferred proponent “Angus Glen Golf Club” for a lease agreement for Markham Green Golf Course;

And that staff be authorized to enter into an agreement with the preferred proponent “Angus Glen Golf Club” with the approval of the Chief Administrative Officer and Town Solicitor;

And that the Mayor and Town Clerk be authorized to execute an agreement with the preferred proponent in a form satisfactory to the Town’s Solicitor and Commissioner, Community and Fire Services;

And that staff report back to Council with details of such agreement prior to completion.

(14) UPDATE ON CENTENNIAL COMMUNITY CENTRE (6.6)

That the update on the construction of the addition to the Centennial Community Centre be received;

And that staff arrange for a Grand Opening event to be held the week of October 16, 2006.

(15) UPDATE ON MARKHAM BY-PASS (5.10)

That the update on pending completion of the Markham By-pass extension be received;

And that staff arrange for a Grand Opening event in the near future.

Moved by Councillor A. Chiu

Seconded by Councillor E. Shapero

That the Report of the Committee of the Whole be adopted, approved and confirmed.

CARRIED

3. MINUTES

(1) COUNCIL MINUTES - SEPTEMBER 12, 2006

Moved by Councillor A. Chiu

Seconded by Regional Councillor B. O'Donnell

That the Minutes of the Council Meeting held on September 12, 2006, be adopted.

CARRIED

4. PRESENTATIONS

Council consented to add Presentation (4).

(1) 2005 HERITAGE COMMUNITY RECOGNITION PROGRAM (12.2.6)

Council presented the Ontario Heritage Trust Lifetime Achievement Certificate to Ms. Marion Matthias. Mr. Wayne Kelly, Manager of Public Education and Community Development, Ontario Heritage Trust, was in attendance regarding this presentation.

(2) UNITED WAY OF YORK REGION UPDATE (12.2.6)

Mr. Rahul K. Bhardwaj, CEO, presented their United Way of York Region Campaign for 2006, and requested Council proclaim October to be United Way Month. (Proclamation 1)

(3) CELEBRATE OUR ENVIRONMENT (12.2.6)

Celebrate Our Environment is a compilation of Town and community projects and events that encourages environmental responsibility and sustainability throughout the Town of Markham.

Council acknowledged and thanked the following community groups for their contribution in working towards a more beautiful and clean environment as follows:

Adopt-a-Park

The following groups have agreed to adopt a park by conducting clean ups, a minimum of twice a year.

* The ones with asterisks have gone beyond by having benches or trees placed and planted, or have added a garden.

Ward 1 Location

Pomona Mills Park Conservationists * Pomona Mills Park

Grandview Area Residents' Association * Grandview Park

Bayview Lane Park Volunteers * Bayview Lane Park

Ward 2 Location

Friends of Little German Mills Creek Little German Mills Creek

Thornhill Baseball Bishops Cross Park

5th Thornhill Scouts German Mills Settlers Park

Toronto Field Naturalists German Mills Settlers Park

Knights of Columbus Simonston Park

German Mills Ratepayers Association Simonston Park

Neil Dattani Simonston Park

Toronto Iranians Group * Duncan Park

Ward 3 Location

South Unionville Community Association * South Unionville Storm Pond

Unionville BIA * Millennium Square

Village Green Ratepayers Association Avoca Park

Richard Robbins International Carlton Park

Miner Circle Group Toogood Park

1^st & 2^nd Unionville Cubs A * Bruce’s Creek

2^nd Unionville Cubs A * Bruce’s Creek

Unionville Villagers Association Bruce’s Creek

2nd Unionville Scouts Canada Coledale Park

Apple Creek Achievers Pathfinder Club * Leighland Park

Kevin Cash Toogood Pond

Ward 4 Location

Wismer Ratepayers Association Lampton Parkette

Milne Park Conservation Association * Milne Dam Conservation Park

100th Markham Scout Group Berczy Park

Markham Village Conservancy Dorothea Moss Garden

Ward 5 Location

748 Markham Army Cadets 14^th Avenue Pathway

Friends of Paramount * South Paramount Park

Rouge Valley Division Cadets - Girl Guides of Canada * Markhaven Park

Vinegar Hill Ratepayers Association * Rougehaven Park

Cornell Ratepayers Association * White’s Hill Park

Cornell Garden Festival Committee * The Mews

Linda & Friends Settlement Parkette

Friends of Christian Reesor Park * Christian Reesor Park

Ward 6 Location

Amici Association * Warden House

Ward 7 Location

333rd Markham Scout Group Armadale Park

Sri Sathya Sai Baba Centre of Toronto York James Edward Park

Islamic Society of Markham Beaupre Park, north section

Ahmadiyya Youth Association (Markham Chapter) Coppard Park

Cedar Grove Community Association * Cedar Grove Park

Rouge Fairways Residents' Association * Tomlinson Park

Roxbury Park Guardians - John & Clara * Roxbury Park

Legacy Community Ratepayers Association * Old Mill Pond

Ward 8 Location

7th Milliken Mills Scout Group Risebrough Park

Peer Alliance * Denison Park

Markham Federation of Filipino Canadians Highgate Park

Student Environmental Council John Canning Park

(Father McGivney Catholic H.S.)

Pitch-in

The following groups have conducted a once a year clean-up. Many of these groups do this on an annual basis.

Ward 1 Location

Deanbank Residents Deanbank Drive

Ward 2 Location

7th Thornhill Scouts Canada Maple Valley

Ward 3 Location

Ontario Streams Toogood Pond

Great Canadian Shoreline Clean up - Mark Garvey Toogood Pond

TD Canada Great Canadian Shoreline Clean up - Sue Hunt Austin Drive Park

Markham Centaurs Unionville Library

Ward 4 Location

Cornerstone Christian Community Church Raymerville Woodlot

Ward 5 Location

Catherine Harrison & Family Bur Oak & Country Glen

Markham Lions Club Mount Joy Lake

Mindtech Montessori School Dixon Hill Community

Ward 6 Location

3^rd Unionville Scouts John Button Waterway,

Ashton Meadows Park

Sun Microsystems Apple Creek Park

American Express John Button Waterway &

John Button Park

Ward 7 Location

American Express - Finance Department Beaupre Park

Reesor Park Public School Reesor Park and School

Box Grove Community Association 9th Line & 14th Ave,

Parkette in Box Grove

Cedar Grove Community Club Cedar Grove Community

Wismer Public School Woodlot behind school

and storm pond

Cedarwood Public School Schoolyard and neighbourhood

Ward 8 Location

Hewlett-Packard Clark Young Woodlot

238 Scouts Randall Park

Mother Teresa Catholic School Schoolyard and Risebrough Park

Deloitte & Touche Aldergrove, Armadale

& Randall Parks

Kids for Christ Elson Park

133 Markham Scouts Armadale Park

Earth Day Event Location

Markham Conservation Committee Markville Mall

Community Plantings

The following groups have made a significant contribution to the environment by planning and conducting large scale tree planting efforts.

Ward 3 Location

Community Resource Centre Austin Drive Park

Ward 4 Location

Milne Park Conservation Association Milne Dam Conservation Park

York Headwater Scouts Milne Dam Conservation Park

Ward 5 Location

10,000 Trees for the Rouge Valley Rouge Park, N/e 16^th & 9^th Line

Urban Fishing Festival

The Urban Fishing Festival is a Ontario Ministry of Natural Resources initiative to educate and encourage urban fishing. Healthy riparian zones and streams contribute to sustainable fish habitats. The free fishing festival is held every July in Toogood Pond.

Ward 3 Location

St. Justin Martyre Knights of Columbus Toogood Pond

Colour Your Corner

Colour Your Corner was initiated in 2005 as a Communities in Bloom program. The following community groups planted perennials and shrubs on entrance corners to help beautify their neighbourhood entrance features and agreed to continue to maintain the gardens.

Ward 1 Location

Pomona Mills Park Conservationists N/W corner John St

& Henderson Ave

Thornhill Horticultural & Garden Society N/W John St. & Bayview Ave

Baywood Beautification Committee N/W John St & Baywood Gate

Court Beautification Project N/E John St. & Baywood Gate

Ward 3 Location

Village Green Association S/E Kennedy Bypass & Eton St

Miley Corner N/E Bullock Dr & Torch Rd

Ward 5 Location

Cedar Grove Community Club Cedar Grove Park

Wombaby Slings N/E Cornell Park Ave & 9th Line

Cornell Ratepayers Association S/E Cornell Park Ave & 9th Line

Creative Carpet One N/E White's Hill Ave & 9th Line

Ontario Trailers Inc. S/E White's Hill Ave & 9th Line

Maranet Inc. S/E 9th Line & Settlement Park Ave

El-Jae Enterprise N/E 9th Line & Settlement Park Ave

Ward 6 Location

Glenburn Forest N/E Warden Ave

& Glenburn Forest Way

Moved by Deputy Mayor F. Scarpitti

Seconded by Regional Councillor J. Heath

That the names of the recipients be included in the minutes of Council as a permanent record.

CARRIED

(4) COMMUNITIES IN BLOOM (12.2.6)

The Commissioner of Community and Fire Services announced Markham’s impressive achievement of receiving Five Blooms in the Communities in Bloom competition, and acknowledged the efforts of the community and Town staff.

5. DELEGATIONS

Council consented to add Presentations (2) to (4).

(1) Elizabeth Plashkes, Representative, Markham Village Conservancy, was in attendance regarding the applications submitted by Terra Nero Investments to permit a coin car wash and quick lube facility at 77 Anderson Avenue, Northeast corner of Bur Oak Avenue and Anderson Avenue. (10.5 & 10.6) (Clause 9, Report No. 32, 2006)

Presentation

Moved by Councillor E. Shapero

Seconded by Deputy Mayor F. Scarpitti

That Elizabeth Plashkes, representing residents group be permitted a 10 minute presentation.

CARRIED

(2) Don Hutchinson, Legacy Community Ratepayers Association expressed appreciation and endorsement of the resolution before Council regarding all way stop control and crossing guard in Legacy. (5.12.3) (Clause 1, Report No. 31, 2006)

(3) Nirmala Persaud-Armstrong, 22 Omega St., spoke in support of the presentation by Elizabeth Plashkes of the Markham Village Conservancy, regarding the applications submitted by Terra Nero Investments to permit a coin car wash and quick lube facility at 77 Anderson Avenue, Northeast corner of Bur Oak Avenue and Anderson Avenue. (10.5 & 10.6) (Clause 9, Report No. 32, 2006)

(4) Tony Nero, applicant for Terra Nero Investments, spoke in support of the application to permit a coin car wash and quick lube facility at 77 Anderson Avenue, Northeast corner of Bur Oak Avenue and Anderson Avenue. (10.5 & 10.6) (Clause 9, Report No. 32, 2006)

6(a) REPORT NO. 31 - GENERAL COMMITTEE

Moved by Councillor Dan Horchik

Seconded by Councillor K. Usman

That Report No. 31 - General Committee (September 18, 2006) be received and adopted.

(1) LEGACY ALL WAY STOP CONTROL (5.12.3)

That the presentation by Mr. A. Mukherjee, Manager, Transportation regarding All Way Stop Control in Legacy be received;

And that an adult school crossing guard be approved at the intersection of Rouge Bank Drive at Cottontail Avenue/Russell Jarvis Drive;

And that all way stop controls be approved at the following intersections:

· Rouge Bank Drive at Cottontail Avenue/Russell Jarvis Drive

· Russell Jarvis Drive at Legacy Drive/Juneberry Avenue

· Legacy Drive at Lady Fern Drive

· Rouge Bank Drive at Silverflower Avenue.

(By-laws 2006-263 to By-law 2006-266)

(2) AWARD OF TENDER 059-T-06
MARKHAM ROAD/16TH AVENUE
INTERSECTION IMPROVEMENTS (7.12.2)

Report Attachment A B

That the report titled “Award of Tender 059-T-06: Markham Road/16^th Avenue Intersection Improvements” be received;

And that the contract for tender 059-T-06: Markham Road/16^th Avenue Intersection Improvements be awarded to the lowest priced qualified bidder, Brennan Paving & Construction Ltd in the amount of $1,146,438.86 (Base tender items of $1,135,781.36 and Provision Item B51 for $10,657.50), exclusive of contingency and GST;

And that a construction contingency amount of $114,000.00 exclusive of GST, be established to cover additional construction costs and that the Director of Asset Management be authorized to approve expenditures of this contingency amount up to the specified amount in accordance with the Expenditure Control Policy and to provide a monthly statement of the expenditures to the Town Treasurer;

And that the purchase order for R.V. Anderson Associates Limited be increased by an amount of $94,000.00 (inclusive of disbursements and exclusive of GST) because of a change in scope in their overall consulting contract which included detailed design, site supervision and contract administration;

And that the cost for construction, contingency, contract administration engineering and all related administration costs ($219,355.17) in a total estimated amount of $1,573,794.03 be funded from:

Engineering Department’s 2003 Capital Budget Account #083-5350-5208-005 (Engineering – Intersection Improvements) in the amount of $400,00;
Engineering Department’s 2005 Budget Account #83-6150-6753-005 (Sidewalk Requests) in the amount of $10,657.50)
Asset Management’s 2006 Capital Budget Account #058-6150-7027-005 (Main Street Markham Streetscape and Traffic Management Phase 1) in the amount of $200,000;
Additional budget required in the amount of $346,615.09 be funded through D.C. Reserve Fund, pending the approval of the 2006 D.C. By-law update. In the event that the projects is appealed/reduced, the required funding is to be obtained from Life Cycle Replacement and Capital Reserve Fund;
The remaining funding in the amount of $538,659.48 be up-fronted by the Town from the Life Cycle Replacement and Capital Reserve Fund (Account #087-2800-200) until it is recovered from York Region and Ministry of Transportation;

And further that upon payment of all invoices associated with this project, any remaining funds will be returned to the original funding sources.

(3)        EXTENSION OF CONTRACT 012-T-03
            RENTAL OF GRADERS FOR
            WINTER MAINTENANCE (7.12.1)

That the staff report titled “Extension of Contract 012-T-03 Rental of Graders for Winter Maintenance” be received;

And that Contract 012-T-03 Rental of Graders for Winter Maintenance be extended as per original tender for an additional two (2) winter seasons (2006-2007 & 2007-2008) at the 2003 itemized prices based on the mutual agreement of both parties;

And that Contract 012-T-03 Rental of Grader for Winter Maintenance be a split to the following companies, Curtis Enterprizes, D. Crupi & Sons Ltd., Jag Construction Ltd., Pit Haulage Ltd., and Vidome Construction Ltd., totalling $1,784,085.20 for a period of 2 years effective November 1, 2006;

And that the 2006 costs, estimated at $297,347.54 be charged to the Operating Account 700-504-5301 WRWC Winter Maint. Graders;

And that the following 2007-2008 estimated costs be provided for within the respective years budget submission for the Operations Department;

2007 $892,042.60
2008 (Jan 1 – Apr 15) $594,695.06.

(4) EXTENSION OF CONTRACT 128-T-03
HIRED LOADERS (7.12.1)

That the staff report titled “Extension of Contract 128-T-03 Hired Loaders” be received;

And that Contract 128-T-03 Hired Loaders be extended as per original tender for an additional two (2) winter seasons (2006-2007 & 2007-2008) at the 2003 itemized prices based on the mutual agreement of both parties;

And that Contract 128-T-03 Hired Loaders be a split to the following companies, Larkin Construction, Dunlop Construction, Brock & Sons Construction, Markham Property Services, Jag Construction Ltd., Griffith Property Services and Wilson Constructing, totalling $1,448,455.40 for a period of 2 years effective November 1, 2006;

And that the 2006 costs, estimated at $241,409.25 be charged to the Operating Account 700-504-5407 WRWC Const. Equip. & Services;

And that the following 2007-2008 estimated costs be provided for within the respective years budget submission for the Operations Department;

2007 $724,227.75
2008 (Jan 1 – Apr 15) $482,818.50.

(5) EXTENSION OF CONTRACT 013-T-03
SIDEWALK WINTER MAINTENANCE (7.12.2)

That the staff report titled “Extension of Contract 013-T-03 Sidewalk Winter Maintenance” be received’

And that Contract 013-T-03 Sidewalk Winter Maintenance be extended as per original tender for an additional two (2) winter seasons (2206-2007) & 2007-2008) at a 3% price increase over 2003 itemized prices (approx. $34,928.40 per year);

And that Extension of Contract 013-T-03 Sidewalk Winter Maintenance be extended to Nu-Con Contracting for an estimated total amount of $2,328,560.00 for a two (2) year term commencing November 1, 2006;

And that the 2006 costs, estimated at $388,093.33 be charged to the Operating Account 700-504-5302 Sidewalk Winter Maintenance;

And that the following 2007-2008 estimated costs be provided for within the respective years budget submission for the Operations Department;

2007 $1,164,280.00
2008 (Jan. 1 – Apr. 15) $776,186.67;

And that the 2007 and 2008 budgets/purchase orders will be adjusted for growth (increase in kilometres of roadway) based on the approved budget for that year.

(6) CANADIAN SPORT INSTITUTE ONTARIO
FEASIBILITY STUDY UPDATE (3.0)

Report Attachment A B C

That the report titled “Canadian Sport Institute Ontario Feasibility Study Update” be received for information purposes;

And that an additional upset limit of $64,000 for the following studies and activities be funded from the Corporate Rate Stabilization Reserve Fund:

· Transportation Study

· Economic Impact Study

· Private Sector Funding Models

· Government Relations Presentations

· Parking Demand Review;

And that staff report back to the next meeting of General Committee on October 16, 2006 with a more detailed presentation on the concept, including photographs of similar projects, and an assessment of the traffic impact on Unionville.

(7) INSTALL A FOUNDERS AND PATRONS RECOGNITION PANEL
IN THE MUSEUM RECEPTION CENTRE (3.0)

That the report entitled ‘Install a Founders and Patrons Recognition Panel in the Museum Reception Centre’ be received;

And that Council review and approve the proposed list of individuals and organizations and the design for the Recognition Panel;

And that funding, to an upset limit of $15,000, be provided from the Museum Reception Centre Capital Account #73 5350 5022 005 – Furniture, Fixtures and Equipment in the amount of $5,000 with additional funding of $10,000 to be received from the Markham Historical Society and Markham Lions Club.

(8) PROPOSED ADULT SCHOOL CROSSING GUARD
BUR OAK AVENUE, EAST OF SWAN PARK ROAD (5.12)

That the staff report entitled “Bur Oak Avenue, 60 meters east of Swan Park Road - Proposed Adult School Crossing Guard Service” be received;

And that the Engineering Department be authorized to establish an adult school crossing guard service on Bur Oak Avenue, approximately 60 meters east of Swan Park Road, at a cost of $4,628.40 per year, exclusive of GST,

And that the adult school crossing guard service be funded through the 2006 budget, account 640-998-5642;

And that the Operations Department be directed to install school crossing signs, crosswalk pavement markings and concrete surfaces at the subject location;

And that the respective Developer absorb the costs of labour and materials to install the school crossing signs, crosswalk pavement markings and concrete surfaces at the subject location;

And that Staffing Services, the Town’s Adult School Crossing Guard contractor, be directed to provide the services of an adult school crossing guard on Bur Oak Avenue, 60 meters east of Swan Park Road upon completion of the school crossing signs, crosswalk pavement markings.

(9) ALL-WAY STOP CONTROL -
FAIRBURN DRIVE, ACCESS TO Nos. 11
AND 21 FAIRBURN DRIVE AND
ACCESS TO 3155 HIGHWAY 7 (5.12.3)

Report By-Law Attachment

That Schedule 12 of By-law 106-71 for All-Way Stop Control be amended to include the intersection of Fairburn Drive, with the access driveway to Nos. 11 & 21 Fairburn Drive, and with the south access on Fairburn to Home Depot/ Petsmart at 3155 Highway 7, and that the attached by-law be approved;

And that the developer, First Markham Centre Limited, c/o Ms. Joanne Barnett, The Kerbel Group, 26 Lesmill Road, North York, Ontario M3B 2T5, be directed to install the appropriate signs and pavement markings at their expense to the satisfaction of the Director of Engineering upon approval of the attached by-law;

And that the Operations Department be informed of the new All-Way Stop Control for information and future maintenance purposes upon installation of the signs.;

And that the Asset Management Department be informed of the new All-Way Stop Control for information and asset management purposes upon installation of the signs.

And that York Regional Police be requested to enforce the All-Way Stop Control upon installation of the signs.

(By-law 2006-267)

(10) BUR OAK AVENUE AND WILLIAMSON ROAD
PROPOSED ADULT SCHOOL CROSSING GUARD (5.12)

That the staff report entitled “Bur Oak Avenue and Williamson Road - Proposed Adult School Crossing Guard Service” be received;

And that the Engineering Department be authorized to establish an adult school crossing guard service at the intersection of Bur Oak Avenue and Williamson Road, at a cost of $4,628.40 per year, exclusive of GST,

And that the adult school crossing guard service be funded through the 2006 budget, account 640-998-5642;

And that the Operations Department be directed to install school crossing signs, crosswalk pavement markings and concrete surfaces at the subject location;

And that Staffing Services, the Town’s Adult School Crossing Guard contractor, be directed to provide the services of an adult school crossing guard at the intersection of Bur Oak Avenue and Williamson Road upon completion of the school crossing signs, crosswalk pavement markings.

(11) PROPOSED ALL WAY STOP CONTROL AT THE INTERSECTION
OF BUR OAK AVENUE AND WILLIAMSON ROAD (5.12.3)

Report Attachment By-law

That Schedule 12 of By-law 106-71 for an all-way stop control be amended to include the intersection of Bur Oak Avenue and Williamson Road and that the attached by-law be approved;

And that the Operations and Asset Management Department be directed to install and maintain the appropriate signs upon approval of the attached by-law;

And that the York Regional Police be requested to enforce the all-way stop control upon installation of these signs.

(By-law 2006-268)

(12) ROUGE PARK ALLIANCE
ADVOCACY ISSUES (13.0)

That the letter from Mr. G. Weeden, Chair, Rouge Park Alliance, dated July 7, 2006, advising that the Rouge Park Alliance will not be funding advocacy projects in 2006;

And that the Town’s $25,000 funding to the Rouge Park Alliance from the 2006 budget be released due to changes in the Alliance’s advocacy funding policy.

CARRIED

6(b) REPORT NO. 32 - DEVELOPMENT SERVICES COMMITTEE

Council consented to separate Clauses (4), (9) and (10).

Moved by Councillor D. Horchik

Seconded by Councillor K. Usman

That Report No. 32 - Development Services Committee (September 19, 2006) be received and adopted.

(1)        CALLOWAY REIT (WOODSIDE II) INC. – LA-Z-BOY
            3083 AND 3075 HIGHWAY 7
            SITE PLAN HOLD (H) REMOVAL APPLICATIONS
            (SC 06 109647, ZA 06 109657) (10.5, 10.6)

That the report dated September 19, 2006, entitled: “Calloway REIT (WOODSIDE II) Inc. La-Z-Boy, Site plan application to permit a La-Z-Boy retail outlet at 3083 and 3075 Highway 7 and HOLD (H) removal for part of 3083 Highway 7 (SC 06 109647 & ZA 06 109657)” be received;

And that the zoning application (ZA 06 109657) submitted by Calloway REIT (Woodside II) Inc. to remove the HOLD (H) provision for part of the lands at 3083 Highway 7 to permit a La-Z-Boy retail outlet at 3083 and 3075 Highway 7, be approved subject to fulfillment of the conditions identified in this report;

And that Council authorize the enactment of a Deeming By-law, if required, in order for the two parcels to merge on title should the applicant confirm that the two parcels are two separate lots, subject to the submission of the appropriate application and fees;

And that the site plan control application to permit a La-Z-boy retail outlet at 3083 and 3075 Highway 7, be endorsed in principle, subject to the conditions attached as Appendix ‘A’; and,

And that site plan approval be delegated to the Director of Planning and Urban Design or her designate, to be issued following execution of a site plan agreement. Site Plan approval is issued only when the Director has signed the site plan.

(2)        1685455 ONTARIO INC. 4550 STEELES AVENUE EAST
            AND TOWN-OWNED LANDS AT
            4576 STEELES AVENUE EAST
            ZONING AMENDMENT (ZA 06 126186, SC 06 122264) (10.5, 10.6)

That the Preliminary Report dated September 19, 2006 on an application for zoning amendment submitted by 1685455 Ontario Inc. be received,

That a public meeting be held to consider the rezoning application; and,

That Council authorize the continued processing of the application, without prejudice, as it applies to the Town-owned lands, municipally known as 4576 Steeles Avenue East;

And further that Legal and Engineering staff be authorized to continue discussions with the applicants regarding the design and possible acquisition of the surplus portion of the future Midland Avenue road allowance.

(3) CONDITIONAL BUILDING PERMITS (10.13)

That Council enact the By-law attached as Appendix “A” to amend By-law 128-93 to allow the Chief Building Official to execute conditional permit agreements on behalf of the Town, where Site Plan Approval is required and Site Plan “endorsement” has been obtained.

(By-law 2006-269)

(4)        FAIRGLEN HOMES LIMITED, 9765 KENNEDY ROAD
            ZONING BY-LAW AMENDMENT AND DRAFT PLAN OF
            SUBDIVISION FOR 18 SINGLE DETACHED LOTS
            (SU 05 009324, ZA 05 009327) (10.5, 10.7)

Moved by Regional Councillor J. Heath

Seconded by Councillor A. Chiu

That the draft plan of subdivision 19TM-05003, prepared by KLM Planning Partners Inc., dated February 4, 2004, to permit 18 single detached lots, east of Kennedy Road, north of Bur Oak Avenue, be approved subject to the conditions of draft plan approval as set out in Appendix ‘A’ to the staff report dated September 19, 2006;

That the application submitted by Fairglen Homes Limited, to amend Zoning By-laws 177-76 and 304-87, as amended, be approved, and the draft by-laws attached as Appendix ‘B’ to the staff report dated September 19, 2006, be enacted;

That the applicant agree to pay their proportionate share of the Hwy. 48 flow control measures, to the satisfaction of the Director of Engineering;

That Fairglen Homes Limited be granted a servicing allocation for a projected population of 67 people (18 single detached units), such allocation to be from the total allocation for the Berczy Community in accordance with the February 15, 2005, November 22, 2005, and June 20, 2006 report on servicing allocation;

That the Town reserves the right to revoke or reallocate the servicing allocation for this development;

That the Region of York be advised of the servicing allocation for this development;

That the applicant provide the Town with the required payment of 30% subdivision processing fees in accordance with the Town’s Fee By-law (By-law 2005-357);

And further that the draft plan approval for plan of subdivision 19TM-05003 will lapse after a period of three years commencing September 19, 2006, in the event that a subdivision agreement is not executed within that period.

CARRIED

(Councillor J. Virgilio abstained)

(5)        SERVICING ALLOCATION FOR MARKHAM PROJECT(S)
            UNDER THE RENTAL COMPONENT OF THE
            CANADA-ONTARIO AFFORDABLE
            HOUSING PROGRAM (10.7, 5.5)

That the September 19, 2006 staff report entitled “Servicing Allocation for Markham Project(s) under the Rental Component of the Canada – Ontario Affordable Housing Program” be received;

And that Council authorize a conditional servicing allocation, in the order of 100 units, from the Town reserve, in support of any affordable rental housing project(s) located in the Town of Markham, which may be approved for Canada-Ontario Affordable Housing Program funding;

And that the assignment of this servicing allocation be put on “hold” conditional on the affordable rental housing project receiving all necessary municipal approvals and approval of a Canada-Ontario Affordable Housing Program funding allocation by the Region of York;

And that the assignment of this servicing allocation be conditional on the execution of an agreement between the Town and the affordable rental housing project proponent, respecting affordable rental rates and financial arrangements of significance to the Town, to the satisfaction of the Town Solicitor;

And that any portion of the approximately 100 units put on “hold” from the Town servicing allocation reserve, not allocated to an approved affordable rental housing project by December 31, 2007, shall be returned to the Town reserve;

And that the Clerk notify the Region of York Commissioner of Community Services and Housing of the Town of Markham’s conditional servicing allocation for approved project(s) under the rental component of the Canada-Ontario Affordable Housing Program;

And that the Clerk be directed to forward a copy of this report to the York Region MPPs and the Region of York;

And that staff give a presentation at the next Developers Round Table.

(6)        COSINI PROPERTIES INC., 201, 203 AND 205 LANGSTAFF
            ROAD EAST, & 3 & 5 ESSEX AVENUE, THORNHILL
            TEMPORARY USE ZONING BY-LAW AMENDMENT TO
            PERMIT OFFICES, CONTRACTOR YARDS AND OUTDOOR
            STORAGE OF NEW VEHICLES (ZA 06 120440) (10.5)

That the deputation and written submission by Ben Quan of QX4 Investments Limited, representing the applicant, Cosini Properties Inc., be received;

And that the staff report entitled “Application for Temporary Use Zoning By-law Amendment to Permit Offices, Contractor Yards and Outdoor Storage of New Vehicles, 201, 203 and 205 Langstaff Road East, and 3 and 5 Essex Avenue, Thornhill File Number ZA 06-120440”, be received;

And that the application as submitted by Cosini Properties Inc. (ZA 06-120440), be refused;

And that By-law Enforcement take action to ensure the property is brought into conformity with the existing zoning.

(7)        COSINI PROPERTIES INC.
            195 LANGSTAFF ROAD EAST, THORNHILL
            TEMPORARY USE ZONING BY-LAW AMENDMENT TO
            PERMIT OFFICES, CONTRACTOR YARDS AND OUTDOOR
            STORAGE OF NEW VEHICLES (ZA 06 120219) (10.5)

That the deputation and written submission by Ben Quan of QX4 Investments Limited, representing the applicant, Cosini Properties Inc., be received;

That the staff report entitled “Application for Temporary Use Zoning By-law Amendment to Permit Offices, Contractor Yards and Outdoor Storage of New Vehicles, 195 Langstaff Road East, Thornhill, File Number ZA 06-120219”, be received;

And that the application as submitted by Cosini Properties Inc. (ZA 06-120219), be refused;

And that By-law Enforcement take action to ensure the property is brought into conformity with the existing zoning.

(8)        COSINI PROPERTIES INC.
            139 LANGSTAFF ROAD EAST, THORNHILL
            TEMPORARY USE ZONING BY-LAW AMENDMENT TO
            PERMIT OFFICES, CONTRACTOR YARDS AND OUTDOOR
            STORAGE OF NEW VEHICLES (ZA 06 120174) (10.5)

That the deputation and written submission by Ben Quan of QX4 Investments Limited, representing the applicant, Cosini Properties Inc., be received;

That the staff report entitled “Application for Temporary Use Zoning By-law Amendment to Permit Offices, Contractor Yards and Outdoor Storage of New Vehicles, 139 Langstaff Road, Thornhill, File Number: ZA 06-120174”, be received;

And that the application as submitted by Cosini Properties Inc. (ZA 06-120174), be refused;

And that By-law Enforcement take action to ensure the property is brought into conformity with the existing zoning.

(9)        TERRA NERO INVESTMENTS, 77 ANDERSON AVENUE
            ZONING BY-LAW AMENDMENT
            AND SITE PLAN APPROVAL
            TO PERMIT A COIN CAR WASH AND QUICK LUBE FACILITY
            (ZA 06 106227, SC 06 106240) (10.5, 10.6)

Moved by Councillor J. Virgilio

Seconded by Councillor A. Chiu

That the deputation by Maria Gatzios of Blousfields Inc., representing the applicant, Terra Nero Investments, be received;

And that the 82 form letters in support of the car wash and coffee shop, be received;

And that the Development Services Commission Report entitled “Terra Nero Investments, Applications for Zoning By-law Amendment (ZA 06 106227) and Site Plan Approval (SC 06 106240) to permit a coin car wash and quick lube facility at 77 Anderson Avenue, Northeast corner of Bur Oak Avenue and Anderson Avenue,” be received;

And whereas Council resolves, pursuant to s. 34 (17) of the Planning Act, that the addition of the proposed take-out restaurant (coffee shop) as a permitted use in the Zoning By-law Amendment does not require a further public meeting;

Now therefore be it resolved that the Zoning By-law Amendment application (ZA 06 106227) submitted by Terra Nero Investments to permit a coin car wash and quick lube facility and a take-out restaurant (coffee shop) at 77 Anderson Avenue, Northeast corner of Bur Oak Avenue and Anderson Avenue, be approved;

And be it further resolved that the site plan application (SC 06 106240) submitted by Terra Nero Investments to permit a coin car wash and quick lube facility and a take-out restaurant (coffee shop) at 77 Anderson Avenue, Northeast corner of Bur Oak Avenue and Anderson Avenue, be approved, subject to standard conditions and the following:

1. That the Owner shall work with staff to finalize site plan details to the satisfaction of the Director of Planning and Urban Design; and

2. That the Owner shall commit to:

a. Use of solar power through installation of panel(s) on the building’s roof;

b. Capturing rainwater and recycling used water for business operations; and

c. Retaining an Organic Landscapers to utilize organic landscaping methods for the site.

CARRIED

(See following motion to defer which was lost)

Moved by Councillor E. Shapero

Seconded by Councillor A. Chiu

That the application by Terra Nero be referred to the Markham Subcommittee.

LOST

(10) REGIONAL STREETSCAPE POLICY (13.4)

Report Presentation

Moved by Regional Councillor J. Heath

Seconded by Councillor E. Shapero

That the staff report entitled, “Regional Streetscape Policies” dated September 19, 2006 be received;

And that Markham support, in principle the Region’s Standards for Six-lane Roads and Municipal Streetscape Partnership policies subject to the following amendments;

amend Regional Road classifications to reflect the adjacent uses, built form and development context through which each Regional road passes as described in this report;
adopt financial, environmental and culturally sustainable boulevard and median landscape design standards for each road classification;
amend its draft Municipal Streetscape Partnership policies with the objective of reducing overall capital and operating cost impacts to the Region and Town through environmental and culturally sustainable design and construction , to provide for streetscape retrofits on existing roads and a greater Regional financial share of streetscape improvements;
better align Regional streetscape standards for each road classification to meet local municipal urban design objectives;
develop streetscape standards for four lane Regional roads in keeping with the Region’s Standards for Six –lane Roads;

And that Town staff be authorized to meet with Regional officials to discuss Town comments and recommendations, finalize Regional Road classifications, streetscape details, cost estimates, cost sharing formulas and funding sources and report back for Council consideration.

And that ongoing discussions with the Region and Power Stream include issues relating to Sign By-law jurisdiction, undergrounding of hydro lines, and erecting signs and banners on Regional roads.

CARRIED AS AMENDED

(See following motion to amend)

Moved by Regional Councillor J. Heath

Seconded by Councillor E. Shapero

That Clause (10), Report No. 32 be amended to add the following paragraph:

And that that ongoing discussions with the Region and Power Stream include issues relating to Sign By-law jurisdiction, undergrounding of hydro lines, and erecting signs and banners on Regional roads.

CARRIED

(11)      MS. JANICE KAIMAN, 7775 NINTH LINE
            BOX GROVE COMMUNITY, OWNER REQUEST
            FOR REMOVAL FROM HERITAGE INVENTORY (16.11.3)

That the report titled “Owner Request for Removal from Heritage Inventory,” be received;

And that the house at 7775 Ninth Line continue to be listed on the Markham Inventory of Heritage Buildings.

(12) MAPLE LEAF DRAGON BOAT (10.16)

That the report entitled “Maple Leaf Dragon Boat” be received;

And that the Mayor be authorized by Council to send a letter of thanks to Mr. Willy Tong for his offer to loan his Maple Leaf Dragon Boat to the Town at no charge for use at special community and economic development events;

And that an annual calendar of events at which the Maple Leaf Dragon Boat could be featured be drafted by Corporate Communications in consultation with event staff from all Town Commissions and with input from members of Council;

And that the proposed calendar of events be presented to Council along with any related estimated costs, prior to the Town making use of the Maple Leaf Dragon Boat.

(13)      SGH FINANCIAL INC. 161 MAIN STREET
            MARKHAM VILLAGE HERITAGE
            CONSERVATION DISTRICT
            ZONING AMENDMENT TO PERMIT COMMERCIAL USES
            (ZA 06 122145) (10.5)

That the Development Services Commission Report dated July 27, 2006, entitled “Delegation of authority to CAO to call a Public Meeting regarding a Zoning Amendment by SGH Financial Inc., 161 Main Street, Markham Village HCD, ZA 06 122153” be received;

And that the record of the Public Meeting held on September 19, 2006, with respect to the proposed amendment to By-law 1229 be received;

And that the application by SGH Financial Inc. to amend By-law 1229 be approved;

And further that the proposed amendment to By-law 1229 be enacted without further notice.

(14)      WOODBINE BUSINESS CENTRE INC.
            8787 WOODBINE AVE.
            SITE PLAN APPROVAL
            AND ZONING BY-LAW AMENDMENT
            (SC 06 108432, ZA 06 110257) (10.5, 10.6)

That the written submission from Deborah Rusaw and Brad Smith, with concerns regarding Zoning By-law amendment, File ZA 06 110257, submitted by Woodbine Business Centre Inc., be received;

And that the Development Services Commission report dated June 20, 2006 entitled “Woodbine Business Centre Inc., 8787 Woodbine Avenue”, be received;

And that the record of the Public Meeting held on September 19, 2006, with respect to the proposed zoning by-law amendment, be received;

And that the application by Woodbine Business Centre, to amend By-law 165-80 be approved;

And further that the proposed amendment to By-law 165-80 be enacted without further notice.

CARRIED

7. MOTIONS

Council consented to add Motion (1).

(1) MEETING SCHEDULE (16.0)

Moved by Councillor E. Shapero

Seconded by Councillor K. Usman

That the Race Relations Committee meeting scheduled for October 2, 2006, be cancelled;

And that the presentation regarding Regional Waste Management be presented to Committee of the Whole on October 10, 2006;

And that the Environmental Issues Committee meeting be rescheduled to October 10, 2006, prior to Committee of the Whole;

And that the Committee of the Whole and Council meetings scheduled for October 24, 2006, be rescheduled to October 17, and coordinated with the Development Services Committee meeting;

And that the Mayor and CAO consider further meeting consolidations to accommodate the busy election schedule of the Council members.

CARRIED

8. COMMUNICATIONS

Moved by Councillor K. Usman

Seconded by Councillor A. Chiu

That Council receive and consent to the disposition of communications in the following manner:

Received

95-2006 YMCA - Seeking nominations for the 2006 YMCA Peace Medallion Award. The award recognizes individuals who have shown a commitment to peace through personal contributions made within their community. (12.2.6)

Referred to all Members of Council

96-2006 Markham Village BIA - Request to close Robinson Street, from 138 west to 132, on October 14, 21 and 28, 2006 between 6:00 a.m. and 2:00 p.m. to facilitate the Farmer's Market. (By-law 2006-270) (3.5)

Info

97-2006 Liquor Licence Application - Request to complete the Alcohol and Gaming Commission Municipal Information Form for MHQ Karaoke Box, 4300 Steeles Avenue East, 2^nd Floor (indoor) (3.21)

Info

Referred to Commissioner of Development Services and Town Solicitor

98-2006 Ontario Municipal Board - Forwarding a Decision regarding a proposed plan of subdivision on lands comprising of Part Lot 17, Concession 3, 19T-88018 (Jolis Investments (Ontario) Limited). (13.13)